Friday, October 18, 2013

Ch.6 Sec.2 Answers

1) List and describe the three types of speech.
    a. Pure Speech
        I. The verbal expression of thought and opinion before an audience that has chosen to listen
    b. Speech Plus
        I. Actions such as marching, demonstrating, or picketing as well as words 
    c. Symbolic Speech
        I. Using actions and symbols in place of words to express opinion

2) How has Congress regulated speech? List three ways and describe each.
     a. Clear and Present Danger Test
         I. When the speech presents a danger to the nation, especially during a time of war the first amendment doesn't protect them
     b. The Bad Tendency Doctrine
         I. Speech can be restricted even if it has a tendency to be harmful, this hasn't really been used sense the 1920's but could lead to the unnecessary revocation of the first amendment
     c. The Preferred Position Doctrine
         I. This doctrine is in place to hold the first amendment over most other rights because it is viewed as more important, and stops the making of unnecessary laws that limit this freedom 

3) Why types of speech is not protected?
     a. Defamatory Speech
         I. The use of oral or written forms of speech, to falsely ruin someones reputation or good name
     b. Fighting Words
         I. The use of any offensive, derisive, or annoying words in an attempt to provoke physical violence
     c. Student Speech
         I. Student speech has been limited so that activities pertain to the curriculum such as the regulation of speech in school newspapers, theater productions, and other school activities 

4) How have changes in Supreme Court definitions of seditious speech expanded First Amendment rights? Cite cases to support your answer.
At first seditious speech referred to anyone who even spoke of rebellion as well as people who acted on it (Dennis v. United States). Later on the needed to narrow the definition of seditious speech, (Yates v. United States) Just because someone talked about acting out is not illegal and isn't the same as actually taking action.

5) List how the Supreme court has limited student speech.
The have regulated what the students can freely say during school activities or classes. 

1 comment:

  1. Trysten, I really like the way you're using outlines to answer these questions. Good and correct answers and a clear format. Nice! Thanks!

    ReplyDelete